The workers’ compensation system was developed with the purpose of compensating laborers who were injured in the workplace. For victims of mesothelioma and other asbestos-related diseases, workers’ compensation claims may be a method for recovery. However, there are limitations and issues to account for when considering whether to file a workers’ compensation for asbestos claims.
About Workers’ Compensation
Most states adopted laws in the 1920s putting in place workers’ compensation programs. Today, every state has a system, as well as a federal system for federal employees. Workers’ compensation eliminated the need for an injured worker to file lawsuit against his or her employer. Instead, the worker files a claim and may receive the following:
- Medical care, such as the costs related to hospital visits, surgery, or medication;
- Disability income; or
- Help finding another job.
Generally speaking, an injured worker is not allowed to file a lawsuit against an employer for injuries sustained in the workplace. This is because workers’ compensation does not require the worker to prove fault for his or her injury. In exchange for not having to prove fault, employers are usually shielded from lawsuits. However, there are exceptions, such as if the employer intentionally injured the worker.